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  • H4 visa processing

    Hello,

    I'm employed on H1B visa(from India based employer) in the US. My visa is valid till Mar2020, and will then be maxed out.My PERM is approved and I'll now be applying for I-140 application.I recently got married in India and planning to bring my wife(who is in India now) to the US on H4 visa.

    I just came to know(after my marriage was completed) that my wife's brother's ex-wife(say ABC) has filed a petition against my wife in the high-court under "Domestic violence" section. The first hearing for that case is in the month of Jun2019 in India. As soon I came to know about this, I stopped and held back on her H4 visa processing.So, we have not submitted the DS-160 online form yet.

    My question is, given all these circumstances,
    1.Can I go ahead and still apply for my wife's H4 visa in the Indian consulate?Or shall I hold off till everything is clear from the court?
    2.Do domestic violence cases impact H4 visa processing?
    3.This high court case could negatively impact her application, since there would be background checks from the consulate etc.?
    4.Lets say my wife wins the case in Jun2019, comes to the US on H4. And in future, if ABC person files another case in the court in India, how would that impact my wife and me?

    Could you please advise?


    Thanks for all your help!

  • #2
    If I'm not mistaken, the DS-160 asks for details about "Convictions" and "Arrests". If so, as long as your wife has not been formally arrested or declared guilty, you can go ahead and apply for the visa.

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    • #3
      Thanks RexIndicum. Appreciate your response. Yes, she has not been formally arrested or declared guilty. What If I bring her on H4 to the US and then while she is in the US, the high court in India declares her guilty? Does it mean that the next time she visits India, she won't be able to come back to the US on H4 or any visa? Thanks.

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